Miriam Pinkesz  |  May 8, 2020

Category: Auto News

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Nissan Canada CVT transmission class action lawsuit filed in Quebec

Hundreds of Nissan car owners are struggling with transmission problems, an issue that Nissan Canada has been sued for in the past. This time around, however, Nissan refuses to extend its warranty on all affected models.

The class action lawsuit, initiated by the Automobile Protection Association (APA) and Lilianne Rocha, is pending authorization before the Superior Court of Québec.

In June 2013, Lilianne Rocha purchased a new Nissan Sentra. After the purchase, like many other affected Nissan car owners, she discovered that the vehicle had a serious transmission defect. The class action proposal alleges that the design and manufacturing defect was hidden, and therefore the plaintiff unduly paid full price on a defective vehicle.

The defect at issue concerns the vehicle’s continuously variable transmission (CVT), which deteriorates prematurely in affected Nissan vehicles. The CVT feature was initially intended to increase the performance of vehicles by enabling a smoother gear shift capability. However, common issues related to the CVT defect include loss of power, transmission jerking, transmission slipping, CVT coolant hose leaks and failures, among others.

The Nissan CVT class action proposal includes “any individual, private legal person, corporation or association” in Quebec that owns or leases a 2010-2016 Nissan vehicle equipped with a CVT transmission. The following Nissan models are covered by the class action:

  • Altima
  • Cube
  • Juke
  • Kicks
  • Quest
  • Maxima
  • Murano
  • Pathfinder
  • Rogue
  • Sentra
  • Versa
  • Versa Note
  • NV 200 from 2010 to 2016

Among the affected Nissan models, the 2013 and 2014 Sentra is the most problematic.

The APA and Lilianne Rocha are asking Nissan to extend its warranty on the automobiles in question to 10 years/200,000 km. Nissan’s current warranty is 5 years/100,000 km. The plaintiffs additionally demand that the car manufacturer should reimburse Class Members for the costs incurred and damages suffered as a result of the manufacturing defect. Aside from warranty extensions and compensation, the plaintiffs are seeking $300 per Class Member in punitive damages.

Nissan CVT Transmission Failures: A Recurring Problem

Nissan car breaking down due to CVT failureThe Nissan CVT class action lawsuit proposal highlights that the CVT problems are not new. According to the plaintiffs’ lawyer, Fredy Adams, Nissan Canada had agreed to extend its warranty on CVTs in 2010 and undertook to reimburse customers for reparation expenses. This warranty covered 2003-2010 Nissan models. However, Fredy Adams notes that, “the defendant shows inexcusable contempt for its Quebec customers” for not doing the same in this case.

Furthermore, the class action proposal notes that the same CVT transmission issues had been taken up in U.S. courts, and that Nissan Canada was therefore aware of this problem, yet did not take action. “(T)here is a clear, serious and precise presumption that Nissan was aware since its American division was being sued from all sides on this issue,” according to the Nissan CVT class action lawsuit proposal.

Indeed, a 2019 U.S. class action settlement with Nissan secured reimbursements for Class Members, as well as a $1,000 voucher and an extended warranty. Like the Quebec Nissan consumer complaints, the U.S. Nissan Altima CVT class action lawsuit listed numerous defects, including, premature transmission failure, unexpected power surges, shuddering, and noises.

Recent Models also Problematic

To date, the APA has received over 250 complaints from Nissan vehicle owners, and the numbers have increased since in the class action lawsuit proposal was filed on March 27.

“In recent weeks, we have also received complaints from owners of 2017-2019 models, years not yet included in the class action. This suggests that Nissan has not yet resolved the defects in its transmissions,”  said George Iny, director of the APA. The APA notes that as of yet, none of the transmissions in the newer models have failed, but if they do, the APA will ensure that they will be added to the class action.

The Nissan CVT class action only includes Quebec owners and lessees of the listed Nissan vehicles. Importantly, no registration is required, and all eligible consumers will be automatically included if the Canadian class action lawsuit is authorized.

Are you a Quebec Nissan car owner or lessee experiencing CVT problems? Tell us your story in the comment section below!

The plaintiffs are represented by Adams Avocat Inc.

The Nissan CVT Class Action Lawsuit is Association pour la protection automobile (APA) & Lilliane Rocha v. Nissan Canada Inc., Case No. 500-06-001053-202, in the Superior Court of Québec, Canada.

202 thoughts onQuebec Consumers File CVT Class Action Lawsuit Against Nissan Canada

  1. walter says:

    Nissan Versa 2014. Need to change transmission (5500 dollars)
    Quebec resident waiting for the court decision

  2. MIZANUR KHAN says:

    I have Nissan Rogue 2016 AWD. from last month this car had big engine troubles. Difficulty to accelerating or sometimes totally shutting down without warning in the traffic signals, Shaking, Stuttering during acceleration, Abnormal Rpm indicator raised, burn smells. I got almost an accident last week when I turned left in the traffic signals. I went to the Nissan Dealer and found CVT Transmission failed. My family has only one car and We need a car for everything I fixed it at Local Nissan Dealer last week and charge me about $ total $ 4700.00 i paid by credit card and I dont know how to pay the credit cards such a big amount.
    I read Quebec and USA has already Court settlement for ROGUE & OTHER NISSAN MODEL, but what about In Ontario for Nissan Rougue 2016 Models ?

    1. Catherine says:

      did you ever get a response…I’d be interested in pursuing a class action for the Roque in Ontario. One was settled but the Rogue was not part of the suit…My 2017 Rogue is at the dealership now getting a new transmission cost of 7700-8000$

      1. ernest skinner says:

        Ontario resident. I purchased a new Nissan Murano in 2015. Within a month the transmission was bucking and shuddering. I drove through the problem and it seemed to correct itself for the next four years. I gave the car to my struggling son and now at only 77000km the problem has returned and does not self correct. Dealer said to flush and change transmission fluid with a new fluid. This did not help and I expect to be held up for many thousands to replace this CVT. Dealer says no compensation available.

  3. Alexander Gay says:

    Nissan is a piece of work. If I was in Ontario or elsewhere in Canada, I would have my transmission covered. Faulty. I am in Quebec and they will not cover. Remind me to never buy this piece of junk. Service is awful. They clearly sold me a defective car.

  4. Dan Squires says:

    The `Valve Body `in my 2017 Nissan Altima is currently in for eplacemant at NIssan. I contacted Nissan.ca. when the issus arose and I was told that the car was 10 days beyond the 5 year Power Train Warranty.and Nissan could offer no assistance. The car has 82,000 kms. The bill will be $ 2800. I have no alternative but to pay. Since our first Nissan, a 2005 Altima, we`ve had three other Altimas, 2011, 2012 and 2017. Plus, a 2009 Versa and a very high milage 2005 Maxima. No issues with any. No consideration could be given for this loyalty. Very sad.

  5. Dom Segreti says:

    HELLO – CVT REPLACED AND REPLACED AND …….. FAULTY AND DEFECTIVE AND EXPENSIVE
    WE HAVE A 2014 NISSAN PATHFINDER AND PURCHASED IN VAUGHAN, ONTARIO
    WHAT DO WE DO ?

  6. Alex Mackay says:

    2014 Pathfinder, 150k. $7500 to replace cvt. sounds about par for the course from other user comments. we are one year outside the 84mths/135k. go figure

    1. Jejj says:

      Wow it is like I just read my own story. 2015 Nissan pathfinder…exact same story

  7. Mark Babcock says:

    My daughter owns a 2017 Nissan Murano with about 106000 km on it. Her car was in a dealer’s to have the the rear tailgate repaired. The dealer phoned her and told her the transmission was leaking and would probably need to be replaced for $9,000 not including tax. The dealer was going to contact Nissan Canada to see if they would pay for replacement. She received an email from the dealer telling her Nissan would not pay for the replacement. I thought the public had fought this battle in the 70’s with car manufacturers that they need to stand behind their products. Obviously Nissan hasn’t learned this lesson!

  8. Eileen says:

    I’m inquiring about other legal action – contemplated, planned or ongoing – against Nissan Canada regarding CVT defects.

    I purchased a used 2014 Murano in June 2020, with 73,000 km. The transmission failed just this week, with 81,500 km. I was diligent with servicing, including new transmission fluid and coolant in October 2021. The extended warranty recently expired (December 2021). Nissan Canada will not provide any sort of goodwill related to my transmission repair (estimated at $7900 & tax), citing warranty expiry. However, considering the low mileage, my recent and short ownership of this vehicle, and class actions, I believe I’m justified in seeking some sort of compensation to rectify this safety failure and defect that has been an ongoing issue with these CVTs.

    1. Catherine says:

      I have a 2017 Nissan Roque. I’m just outside Ottawa in Ontario. My transmission just went 4 months past the warranty and Nissan has been giving me the run around. I’d be in for a class action suit.

  9. L. M. says:

    I am a full-time university student with a long-term disability. On September 9th, 2021, I used all my saving funds and borrow the rest to purchase a Used 2014 Nissan Versa Note (as my first car) with 68,800 km and very clean car history (as per Carfax, originally Quebec Car), but no extended warranty. My purchase of the car was to help me on my daily commute to the university.
    A few weeks ago, I have noticed that the car is not functioning as should be and doesn’t accelerating properly. I inspected the car at Nissan Direct Service and found that the issue is within the CVT Transmission. Nissan gave me an estimate to replace the transmission at $5,900 plus taxes.
    The Nissan staff recommended me to contact Nissan Canada for Help and warrant the issue with the transmission failed at only 72,000 km. As Nissan North America in USA has extended the warranty on this CVT transmission failure (similar model) to 100,000 km or seven years in services.
    Nissan Canada haven’t considered my situation (First car, Student with disability, I still have debit on the car needs to pay, and no money to replace or repair the transmission).
    Generally, I don’t see any consumer protection against this type of company. Nissan knows very well there is a problem with their non-engineered transmission that put life of Canadians at risk and jeopardy. It’s a shame on our system to allow this type of companies to deceive our value and society.

  10. Omega Julien says:

    My transmission is no longer working. I went back to Nissan. They advise me to do a diagnostic it was determined I need a new transmission. They are charging over 5000 and not willing to pay

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